Bandu Pundlikrao Athawale v. State Of Maharashtra Through Pso Ps Kholapuri Gate Amravati

2025:BHC-NAG:6932

(1) 959.appa.594.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPA) NO.594 OF 2025 IN CRIMINAL APPEAL NO.335 OF 2025 Bandu Pundlikrao Athawale Vs.

State of Maharashtra, through Police Station Officer, Police Station Kholapuri Gate, Amravati, District Amravati -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. Y. K. Dhande, Counsel for the appellant through video conferencing. Ms. H. N. Prabhu, APP for respondent / State. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 15/07/2025 1.

By this application, the appellant is seeking suspension of sentence and releasing him on bail. 2.

The appellant is convicted for the offence punishable under Section 332 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs.10,000/-, in default of payment of fine, further rigorous imprisonment for six months. He is further convicted for the offence punishable under Section 353 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years and fine of Rs.10,000/-, in default of payment of fine, further rigorous imprisonment for six months.

(2) 959.appa.594.2025 3.

Heard learned Counsel for the appellant, who appeared through video conferencing, invited my attention towards the impugned judgment and pointed out that he has many arguable points in the present appeal. The punishment imposed is of a limited period. The appeal would take its own time for its final disposal. Hence, he prayed for suspension of sentence.

4.

Learned APP submitted that the appeal itself is devoid of merits, and therefore, liable to be rejected.

5.

On hearing both sides and on perusal of the impugned judgment, it reveals that the appellant has many arguable points. Moreover, the punishment is of a limited period. The appeal would take its own time for its final disposal. In view of that, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) The execution of sentence imposed in Sessions Case No.336/2023 is hereby suspended till disposal of the appeal.

(iii) The appellant shall be released on bail on executing PR bond of Rs.25,000/- with one solvent surety in the like amount.

The application is disposed of.

(3) 959.appa.594.2025 Criminal Appeal No.335/2025 1.

Heard.

2.

Admit.

3.

Learned APP waives notice for the State.

4.

Call for record and proceedings.

5.

Appeal be listed before this Court after preparation of the paper book.

(URMILA JOSHI-PHALKE, J.) Sarkate